Kerala High Court
Crl.MC/9662/2022 of MANDHA PRADHAN Vs STATE OF KERALA on 30 December 2022
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 30TH DAY OF DECEMBER 2022 / 9TH POUSHA, 1944 CRL.MC NO. 9662 OF 2022 AGAINST THE ORDER/JUDGMENT LP 95/2018 OF I ADDITIONAL DISTRICT COURT, TRIVANDRUM PETITIONERS/ACCUSED No.1 & 2: 1 MANDHA PRADHAN
IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 30[TH] DAY OF DECEMBER 2022 / 9TH POUSHA, 1944
CRL.MC NO. 9662 OF 2022
AGAINST THE ORDER/JUDGMENT LP 95/2018 OF I ADDITIONAL DISTRICTCOURT, TRIVANDRUM
PETITIONERS/ACCUSED No.1 & 2:
1MANDHA PRADHANAGED 29 YEARS,S/O ALOK KUMAR PRADHAN, SYAMSUNDERPUR VILLAGE, SABANG TALUK, PASHCHIM MEDINIPUR DISTRICT, WEST BENGAL, PIN – 713 141
2SUSANTHA BERAAGED 28 YEARS,S/O MADHAN BERA, DUBRAJPUR VILLAGE, SABANG TALUK, PASHCHIM MEDINIPUR DISTRICT, WEST BENGAL, PIN – 731 123BY ADVS. K.MOHAMMED RAFEEQ SANALDEV E.P. AMARNATH R LAL VISHNUMAYA ANANDAN
RESPONDENTS/STATE & COMPLAINANT:
1STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 0312STATION HOUSE OFFICERTHUMBA POLICE STATION, THIRUVANANTHAPURAM DISTRICT, PIN – 695 583
BY ADV PUBLIC PROSECUTOR
Crl.MC No. 9662 of 2022
OTHER PRESENT:
SMT.SEENA.C -PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON30.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC No. 9662 of 2022
P.V.KUNHIKRISHNAN, J
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Crl.MC No. 9662 of 2022
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Dated this the 30[th] day of December,2022
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ORDER
The petitioners are the accused in Crime No.317/2015 of Thumba Police Station. The above case is registered against the petitioners allegingoffence punishable under Section 20(b)(ii)(B) of the Narcotics Drugs andPsychotropic Substances Act,1985.
2. The prosecution case is that, petitioners are migrant laborersstaying in labour camps and on 08.05.2015, at about 09:45 AM, they werefound in possession of 1.200Kg of Ganja. The petitioners were enlargedon bail by the trial court. Subsequently, the petitioners went back to theirhome town at West Bengal.
3. It is the case of the petitioners that they were not served withany summons and now the case is included in the LP register and warrantis also pending with Sections 82 and 83 of the Code of Criminal Procedure.The petitioners submit that they are ready to surrender before the Courtconcerned and their apprehension is that, if they surrender, their bail Crl.MC No. 9662 of 2022
application may not be considered on same day. Therefore, this Crl.MC isfiled.
4. Heard the learned counsel for the petitioners and the learnedPublic Prosecutor.
5. After hearing both sides, I think this Crl.MC is disposed ofallowing the petitioners to surrender before the trial court and there can bea direction to consider the bail application on the date of surrender itself.Therefore, the Crl.MC is disposed of with the following directions;
(i) The petitioners are free to surrender before the trialcourt within three weeks.
(iii) At the time of surrender, petitioners are free to file a bail application with advance copy to the prosecutorconcerned.
(ii) If such an application is received, the trial court will consider the bail application on the date of surrenderitself and pass appropriate orders in accordance with law.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
APPENDIX OF CRL.MC 9662/2022